New legislation outlaws domestic abuse

The new law "prohibits all forms of domestic violence", which it defines as: "Physical, psychological and other harm inflicted by family members, including beating, restraint, injury or arbitrary deprivation of liberty, recurring verbal threats and abuse".

It also clarifies the responsibilities of each party－including the police, courts and women's federations. The police are now required to intervene immediately when abuse is reported, to stop it at once and collect related evidence. Officers must also help victims obtain treatment and medical reports. In most cases, the courts must respond to applications for restraining orders within 72 hours, but cases deemed urgent require a response within 24 hours.

The law is intended to prevent domestic violence, protect the lawful rights and interests of family members and punish offenders, Song Xiuyan, vice-president of the All-China Women's Federation, said.

Slow but sure progress

Until now, there were no specific laws related to abuse within the family, but the issue was included in related laws and regulations, such as the Marriage Law, the Law on the Protection of Minors and the Law on the Protection of the Rights and Interests of Women.

"This new law indicates we have made some progress, but only very slowly," said Liu from the Women's Studies Institute of China. "Sexual violence has not yet been written into the law, which is a crucial blind spot."

Defining "domestic" is also a critical factor. The draft considers live-in partners as family members, but it should also include other intimate relationships, such as partners who are sexually active but do not cohabit, she said.

Abuse may also be committed by other family members, Liu said, pointing out that, for example, some lesbians not only face abuse from their partners, but also suffer emotional abuse from their parents.

Liu suggested that other forms of other relationship, such as domestic workers and tenants, should also be covered by the law.

Wang said specific guidance and proper training should be provided for front-line professionals, including police officers, social workers and judges, and he expects to see a raft of clearly defined advice released soon to cover gray areas.

"For example, the law does not specify exactly how the police should respond to reports of domestic violence－and that will be critical to the aim of making a potential offender think twice before committing the crime," he said.